Diana Moss, VP of Competition and Antitrust Policy, discusses the Biden admin's approach to antitrust. They explore the consumer welfare standard, why regulators focus on tech, and the importance of fair competition in healthcare, food, and telecom. They also discuss ease of exit in different industries and the dynamic nature of social media platforms.
Antitrust enforcement requires a balance between increasing existing standards and completely changing the rules to address market competition challenges across sectors.
Antitrust actions should prioritize sectors like pharmaceuticals, agriculture, healthcare, telecommunications, and transportation to counter limited competition and negative impacts on consumers, workers, and smaller businesses.
Deep dives
Antitrust policy and the question of market dominance
Antitrust policy raises the question of how big is too big and when should intervention be made to ensure fair market competition. Enforcers are now considering the extent of antitrust regulation in various sectors. Antitrust enforcers are at an inflection point, where lax enforcement has allowed harmful mergers and consolidation to occur, resulting in dominant firms with weak incentives to compete. The movement to increase enforcement has gained momentum in recent years, leading to a shift in ideology and different schools of thought. There is a debate between those who advocate for increased enforcement of existing standards and those who call for a complete change in the rules. The consumer welfare standard is an important factor in antitrust enforcement, focusing on harmful effects such as higher prices, lower quality, and loss of innovation. However, the neo-Brandeisians argue for a simpler approach, stating that big is always bad, irrespective of specific harms. This dichotomy in views presents challenges in shaping antitrust enforcement moving forward.
The importance of full-spectrum antitrust enforcement
One fundamental principle in antitrust is the need for full-spectrum coverage across all sectors, as antitrust laws are generalist and should not favor specific industries. While there has been significant focus on antitrust issues in the digital tech sector, it is crucial to address competitive concerns in other sectors as well. For instance, the pharmaceutical industry has seen a policy of approving almost every merger, resulting in a decrease in competition, higher generic drug prices, and adverse effects on consumers. Other sectors such as agriculture, healthcare, telecommunications, and transportation also require attention. Lack of choice, barriers to entry, and limited competition in these industries negatively impact consumers, workers, and smaller businesses. To achieve equitable enforcement, it is essential to prioritize antitrust actions in sectors facing significant competitive harms.
The uncertain future of antitrust enforcement
The current enforcement actions against big tech companies reflect an important shift in antitrust policy. However, the outcome of these cases remains uncertain. While the Biden administration has taken steps to increase enforcement, the success of these efforts will heavily depend on the development of case law. Positive outcomes will strengthen future antitrust enforcement, whereas losses may shape future case selection and limit the effectiveness of stronger enforcement. Retrospective analysis and full-scale assessments across sectors are necessary to allocate resources effectively. It is imperative to avoid a situation where cases take years to litigate, and new administrations with different priorities enter before cases are concluded. Antitrust SARs must maintain a commitment to consistent, equitable enforcement and vigilant focus on sectors with significant competitive problems.
Promoting competition and educating about antitrust
Learning about antitrust and competition policy is crucial to understanding the importance of market competition and strong enforcement. Individuals interested in these topics can seek information from reputable organizations such as the Progressive Policy Institute and Public Knowledge. These organizations produce evidence-based analysis, ranging from reports to easily digestible formats like blogs and social media posts. Grassroots organizations and advocacy groups can also provide educational resources on the significance of competition and how antitrust laws function. By accessing and engaging with these resources, individuals can stay informed and contribute to the broader conversation about competition, enforcement, and the future of antitrust policy.
Antitrust policy often asks "When are companies too big for the good of society?" But is bigness the only factor we should be looking at? Diana Moss is the Vice President of Competition and Antitrust Policy at the Progressive Policy Institute, and she joins the podcast to discuss how the Biden administration is handling antitrust policy. We talk about the neo-Brandeisian movement, why the consumer welfare standard still matters, and why regulators seem to be obsessed with the tech sector and not other large monopolies.
Got questions for the New Liberal Podcast? Send them to mailbag@cnliberalism.org